On 16 September 2021, the CJEU delivered its judgment on whether the Belgian system of excess profit rulings (EPRs) constituted a scheme or not. The CJEU set aside the GCEU’s judgment that annulled the EC’s decision qualifying the EPRs as an aid scheme. The CJEU referred the case back to the GCEU to rule on the remaining aspects of the case, principally, whether the EPRs constituted State aid. Background In 2016, the EC found that the Belgian system of EPRs constituted State aid in the form of an aid scheme, that was incompatible with the internal market and put into effect in breach of the standstill obligation. By means of an EPR, the profit recorded in Belgium in the Belgian financial reports of a multinational group that exceeded the arm’s length profit was not included in the
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The EU Court of Justice sets aside a General Court ruling and finds that Belgian "excess profit rulings" may constitute a State aid scheme and remands the case back to the General Court to consider whether there was illegal State aid (Magnetrol International)
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